Stare Decisis in Federal and State Courts
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. provide a refresher on stare decisis principles as described in various cases and sources.
November 03, 2020 at 12:30 PM
8 minute read
June Medical Services v. Russo, 591 U.S. ___, 140 S.Ct 2103 (2020), will probably be remembered by the public at large as the case in which the U.S. Supreme Court ruled unconstitutional a Louisiana state law requiring doctors working in abortion clinics to have "active admitting privileges at a hospital … located not further than thirty miles from the location at which the abortion is performed." The law mirrored a Texas state law that the court found unconstitutional in 2016 in Whole Woman's Health v. Hellerstedt, 579 U.S. ___ , 136 S.Ct __ (2016). For state and federal court litigators, Chief Justice Robert's concurring opinion will also be recalled for its recital of the history of the doctrine of stare decisis, "the legal term for fidelity to precedent" and its present application in federal courts. 140 S.Ct at 2134 (concurring opinion, quoting Black's Law Dictionary).
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